Two state agencies charged with cleaning up state government are fighting over who gets to hold the broom.
The N.C. State Ethics Commission, created in response to corruption scandals that sent powerful officials to prison, says it has the sole responsibility to enforce the state's ethics law.
State Auditor Les Merritt says the commission is prohibited by law from investigating anonymous complaints and that he has the right and duty to follow up on credible tips about problems in state government.
The debate has been quietly simmering since at least January. It boiled over Friday when the commission voted to ask the legislature to settle the dispute.
"We think the legislature gave it [the commission] the sole authority for implementing, interpreting, investigating and enforcing the ethics act," Perry Newson, executive director of the commission, said in an interview. "It's not the job of other agencies."
More after the jump.
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Merritt is investigating an anonymous tip to his office about a potential conflict of interest with some unnamed official, according to a letter to the commission by Timothy Hoegemeyer, general counsel in Merritt's office.
The letter was critical of an "informal advisory opinion" from the commission that stated only the commission can investigate potential conflicts.
There are important differences in how the agencies operate.
The commission was created as a bipartisan group, with appointments split evenly among Democrats and Republicans. Merritt is a Republican who is seeking re-election.
Under state law, much of the commission's work, including allegations of violations, are secret unless the commission decides there is probable cause for a more formal investigation. By law, Merritt must disclose his findings to the public.
Document(s):
Ethics Commission.pdf
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Re: Auditor, commission feud
I am not on the same team with the poster below (will someone explain to me what "democrackkk" means other than that those who use it are self-identifying as rightwing lunatics, please?) but on this topic I agree.
We need as many agencies as necessary, from the FBI to the AG to the auditor, helping root out corruption or questionable activities at all levels of government. Turf-protection, especially among state agencies, is very annoying, and in this instance it is beyond unseemly.
Just a few months ago, the commission was struggling under its workload and the short timeframe it was given to be fully operational - now the director thinks no one else can look at these issues, many of which have the potential to be crimes, not just infractions. We, their employers, need all the help we can get keeping all of our public employees honest, and unfortunately that could one day include the commission itself. I don't ever forget the warning against absolute power. Whether that's what is sought here, I don't know, but I do know that no one can have the power of exclusive jurisdiction.